JORDAN v. JONES

No. 391PA84.

331 S.E.2d 662 (1985)

Joseph Chester JORDAN, Administrator of the Estate of Jodie Page Jordan, Plaintiff, v. Wesley Irven JONES, Jr.; Trailways Southeastern Lines, Inc.; and Carolina Coach Company, Inc., Defendants/Third-Party Plaintiffs, v. DEPARTMENT OF TRANSPORTATION of the State of North Carolina, Third-Party Defendant.

Supreme Court of North Carolina.

July 3, 1985.


Attorney(s) appearing for the Case

Lacy H. Thornburg, Atty. Gen., by Ralf F. Haskell, Sp. Deputy Atty. Gen., and Sandra M. King, Asst. Atty. Gen., Raleigh, for Dept. of Transp.

Myers, Ray, Myers, Hulse & Brown by John F. Ray, Charlotte, for defendants-appellants.


MEYER, Justice.

The sole question before the Court in this case is whether there exists any genuine issue of material fact concerning the DOT's alleged negligence to be submitted to a jury. We hold that defendants' forecast of the evidence raised genuine issues of material fact and that it was improper for the trial court to grant the DOT's motion for summary judgment.

To make out a case of actionable negligence the plaintiff must introduce evidence tending...

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